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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 7039
Experience:  Senior Associate Solicitor
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I talked to you a day before yesterday and got cut off in

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hi , i talked to you a day before yesterday and got cut off in the middle
JA: Where are you? It matters because laws vary by location.
Customer: london
JA: What steps have you taken so far?
Customer: i explain my situation that i have paid £1000 to a Hair Loss company at the end of Nov and in Jan before i start any treatment, i decided to withdrawal as i started to have health problems
JA: Anything else you want the Lawyer to know before I connect you?
Customer: please tell me what is the step that i need to take to pay the online payment? is it £5 everyday ?

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.

Do you have a copy of their terms and conditions?. I presume they are refusing to reimburse.

Customer: replied 5 days ago.
i never got to that stage to sign any contract

OK, they owe you the £1,000 in that case. It should be easy enough to pursue them with this being a claim under £10,000 and therefore a "small claim".

I would recommend that you send the company a formal letter before action to demand payment within 14 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say. Please let me know if you cannot see the letter which I have uploaded. You will need to tailor this letter to your situation.

You may also want to threaten a report to Trading Standards given their refusal to reimburse you (Trading Standards can be contacted on 03454 040506).

You will need to register at http://www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

You would claim the sum for the loss, the court issue fee (£60 based on a claim for £1,000) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

There are other enforcement methods which I can help with, including bank account freeze, charging order on their property (and then apply to force a sale), application to wind up the company if £750 or more is owed, apply to summons them to court for questioning, all of which can ensure you are actually repaid the money.

You may find they just pay you after receiving the letter before action – hopefully they will want to avoid litigation.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim


JimLawyer and 2 other Law Specialists are ready to help you
Customer: replied 5 days ago.
i just want to know whether it's worth trying to get my money back or am i not going to end up with anything

You should do as there is no contract to say you shouldn't be refunded. The money claim site is very easy to use (designed for people without a lawyer). If you send the letter to them first, give them 14 days - this may result in the refund. If not then you have the option to pursue the £1,000 back from them - the issue fee of £60 is required but is added to the sum. I would definitely pursue them.

Customer: replied 5 days ago.
I emiled them last week and they never replied back - not even acknowledged my email.

If you send them the letter to their registered address. And a copy to their email address too.

Customer: replied 5 days ago.
Ok let me send them another eamail and if they dont responds or refuse to pay me back, i can contact you so that you can pursue them in your way .
Is this ok?

Hi there, you would need to send the letter to them (I can't do it for you as this is a Q&A site, no client-solicitor relationships are allowed as it's not a law firm). Hope this is OK - I can answer further questions regarding the dispute though.